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Aug26

Drive Time?

Does a municipality in Texas have to pay drive time, or overtime, to an hourly employee who is sent to training in a far away city where the employee must leave the workplace two hours before normal hours and return two hours after normal hours? I.E. normal hours- 8:00am to 5:00pm/ Training schedule- 6:00am to 7:00pm.

Yes. FLSA regulations require that if a nonexempt employee who normally works at a fixed location in one city is given a one-day assignment in another city but returns home the same day, the time spent traveling to and from the other city is considered work time. However, employers may deduct from this travel time the amount of time the employee normally spends commuting to work from home.

This entry was posted on Tuesday, August 26th, 2014 at 7:40 am and is filed under
Compensation, Human Resources Management, Labor Laws.
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3 Responses to “Drive Time?”

  1. shane Says:

    Would the travel time also apply if the assignment was for example; a three day assignment where the employee repeated the same routine for three days? This example does not factor in the commute time from home to the workplace where the employee picks up a city vehicle from a locked city facility and then proceeds to the destination city two hours away for training.
    Thank you. Please reply to this last statement.

  2. hrlady Says:

    Yes, travel time would still need to be paid, even if the employee was assigned to training in another city for three days in a row, returning home each day. The designation of a “one day assignment” is meant to differentiate between an out-of-town assignment in which the employee spends the night in another city.
    As for the second part of your question, regarding picking up a city vehicle & traveling in it to another city, it would depend on whether or not the use of the city vehicle is required or not. If the employee is required to pick up the city vehicle to take to the out-of-town training, the time spent traveling from home to the vehicle pick-up site would be considered normal commuting time and would not be paid. The hours spent traveling from the vehicle pick-up site to and from the training would be considered paid travel time. If the employee is not required to pick up the city vehicle, but chooses to do so for his/her own convenience, then ordinary travel time rules apply – the employer can deduct the time that would ordinarily be spent commuting from home to work from the total travel time.

  3. shane Says:

    Thanks to everyone who supports hard working people with answers to technical questions. If a municipality is refusing to pay an employee travel time, even after D.O.L. articles pertaining to above topic have been quoted, who should the employee contact?

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